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Comment by wpietri

1 year ago

You are confusing legality and morality. Legality can be an indicator of morality, in that laws tend to flow out of our moral senses. But legality is a lagging indicator, and new circumstances tend to create gaps where things are legal but not moral.

One of my favorite examples here is wire fraud. The rise of electronic communication created all sorts of new possibilities for fraud, but we didn't get the wire fraud statue until 1952. There's a biography of Joseph "The Yellow Kid" Weil, a con man from the 1890s forward, where he crows about many of the things he got away with because of that. A number of the things he did were probably legal before 1952, but that didn't make them moral before and not moral after.